NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
September 01, 2020
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
Cybersecurity for Remote Workers: Keeping Financial Information Secure
August 01, 2020
At the beginning of the COVID-19 pandemic, businesses scrambled to rapidly deploy a remote workforce which created new challenges for businesses to continue operating and providing critical services. It also created an opportunity for malicious actors to hack into and gain access to IT systems and sensitive, personal information.
Survey Says: Tips On Getting Over the Daubert Hurdle
August 01, 2020
This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.
Survey Says: Tips on Getting Over the Daubert Hurdle
July 01, 2020
Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. In the first of a series of articles drawing on our review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, we provide some suggestions for getting survey evidence admitted for consideration in court.
Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
June 01, 2020
For users of biometric information subject to BIPA's rigorous requirements, the last two years have brought mostly bad news, most notably a smattering of unfavorable decisions on the question of whether plaintiffs must suffer an injury in order to avail themselves of BIPA. Against this backdrop, however, courts have issued decisions on other aspects of BIPA
Defending FCA Actions Related to Pandemic Programs
June 01, 2020
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
Real Property Law
June 01, 2020
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action
Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications
Questions of Fact Remain on Implied Easement Claims
Presumption of Hostility Supports Adverse Possession Claim
Questions of Fact Remain About County's Liability for Fuel Oil Discharge
Defending FCA Actions Related to Pandemic Programs
May 22, 2020
There will likely be some fraud in connection with the pandemic-related programs that should be pursued by the DOJ and the Inspectors General, who have said they will keep close eyes on these programs. They will have no shortage of targets, given the many recipients of government funds, and the breadth of the requisite certifications.
Bankruptcy Asset Sales During COVID-19 Crisis
May 01, 2020
The COVID-19 pandemic is already leaving its mark on the bankruptcy asset sale landscape. Despite the uncertainty — or even because of it — bankruptcy should still be viewed as a useful tool to effectuate the acquisition of assets. The current situation and anticipated distress across many industries presents opportunities for purchasers to acquire assets on favorable terms.
